Cameron James Mansell v The State of Western Australia

[2014] HCASL 181

CAMERON JAMES MANSELL

v

THE STATE OF WESTERN AUSTRALIA

[2014] HCASL 181
P33/2014

1. The applicant was indicted in the Supreme Court of Western Australia on a charge of murder.  After trial before Murray J and a jury, he was found guilty, convicted, and sentenced to imprisonment for life.  A non‑parole period of 18 years was fixed.

2. The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia against his conviction.  That Court (McLure P, Pullin and Buss JJA) refused the applicant leave to rely on certain grounds.  Subsequently, that Court (McLure P, Buss and Mazza JJA) dismissed the remaining grounds of appeal (and several interlocutory applications the applicant had made in connection with the appeal).

3. The applicant now seeks special leave to appeal to this Court. Because the applicant is now unrepresented, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. Although unrepresented when he instituted his application for special leave, the applicant subsequently had legal representation for a time.  Before application books were filed the applicant gave notice of intention to act in person.

5. For the purposes of the application we have considered all of the several forms of draft notice of appeal and summary of argument filed by or on behalf of the applicant.

6. The applicant seeks, by the issue and return of subpoenas, to adduce further evidence in this Court.  The appellate jurisdiction of this Court is confined to deciding what order the Court of Appeal should have made on the factual material that was before it.  No point would be served by permitting the issue of the subpoenas which the applicant seeks to issue.

7. None of the matters which are stated in the documents filed by or on behalf of the applicant reveals any arguable reason to doubt the correctness of the conclusions reached by the Court of Appeal.  None of these reveals any arguable reason to think that it would be in the interests of justice (whether generally or in this particular case) to grant special leave to appeal.

8. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 October 2014 S.M. Crennan